非专利技术转让合同(97)

　　　　39.2　termination for supplier's default
　　　　　　39.2.1　the buyer， without prejudice to any other rights or remedies itmay possess， may terminate the contract forthwith in the followingcircumstances by giving a notice of termination to the supplier referringto this article 39.2 and its reasons for termination:
　　　　　　　　（a）if the supplier becomes bankrupt or insolvent， or has a receivingorder issued against it， or compounds with its creditors， or， being acorporation， a resolution is passed or order is made for its winding up（other than a voluntary liquidation for the purposes of amalgamation orreconstruction）or a receiver is appointed over any part of　itsundertaking or assets， or if the supplier takes or suffers any otheranalogous action in consequence of debt; or
　　　　　　　　（b）if the supplier shall assign or transfer the contract or any rightor interest therein in violation of the provision of article 40（assignment）hereof.
　　　　　　39.2.2　if the supplier:
　　　　　　　　（a）has abandoned or repudiated the contract; or
　　　　　　　　（b）has without valid reason failed to commence the works promptly orhas suspended （other than pursuant to article 38.2 hereof）the progress ofthe works for more than twenty-eight （28）days after receiving a writteninstruction from the buyer to proceed; or
　　　　　　　　（c）hall persistently fail to execute the works in accordance withthe contract or persistently neglect to carry out its obligations underthe contract without due cause; or
　　　　　　　　（d）hall refuse or be unable to provide sufficient materials，services or labor to execute and complete the works in the mannerspecified in the program furnished under article 14 （work program）hereofat rates of progress that give reasonable assurance to the buyer that thesupplier can deliver the equipment by the time for delivery as extended;
　　　　　　then the buyer may， without prejudice to any other rights it maypossess under the contract， give a notice to the supplier stating thenature of the default， and requiring the supplier to remedy the same. ifthe supplier fails to remedy or to take steps to remedy the same withinfourteen （14）days of its receipt of such notice， then the buyer mayterminate the contract forthwith by giving a notice of termination to thesupplier which refers to this article 39.2.